Issue of Independent Contractors
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1. At the time of her discharge, Mary was being treated by Little Lamb Company (LLC) as an employee rather than as an independent contractor. There are a number of factors that support the argument that Mary would be properly classified as an employee rather than as an independent contractor. According to an essay published online by Iowa State University, there is a twenty question test that employers should use and the Internal Revenue Service does use to determine whether a worker is properly classified as an independent contractor. The business relationship between LLC and Mary fails the test for independence in the following ways:While in theory, Mary can work for other clients, she does not do so because LLC employs her full time Mary does not have the ability to establish her own working hours. Her schedule is established by her supervisor at LLC Mary does not have an investment in facilities and/or equipment. Instead, LLC has informed Mary that she must use materials and equipment furnished by LLC An independent contractor usually is free to perform services in any manner that produces the desired results. Mary works under the close supervision of her "supervisor" at LLC There is no suggestion that Mary is free to hire another programmer to work with her to complete the assignment. This suggests that her services to LLC must be rendered personally – another indication of an employer/employee relationship rather than a consultant/client relati
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ation based on discriminatory factors including race, religion, national origin, sex, age and marital status. Other laws protect employees from termination in retaliation for exercising a right guaranteed by state or federal statute. Mary was also not terminated because of her participation in protected activities or for filing a wage claim, both of which are protected activities. There also appears to be no breach of public policy in terminating an employee when there is no work left for her to perform (Schechter, 2003).
A. According to Dana Shilling, wrongful discharge in violation of public policy means that an employee was terminated for an unlawful reason in violation of an express public policy. An example of a violation of a public policy would be terminating an employee for refusing to do something illegal. Another example of a violation of public policy would be terminating an employee to prevent them from vesting in the employer's stock purchase plan or retirement plan. Another example of a violation of public policy would involve selecting employees for termination because their family members made full use a company provided health care plan. Other examples include terminating an employee refusing to commit perjury i
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Some common words found in the essay are:
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Approximate Word count = 1542
Approximate Pages = 6 (250 words per page)
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